Cremation Society of the SOUTH has placed files and links on this page for your use.  It is best that you consult your attorney if you have any questions or need legal advise. 

Georgia Advance Directive for Healthcare (formerly the Durable Power of Attorney for Healthcare)

What is a Durable Power of Attorney?

The best way to ensure that your wishes are carried out in the way that you choose is to name a Durable Healthcare Power of Attorney, (DPOA).  In the State of Georgia, when a person can not speak on their behalf the next-of-kin is required to speak on their behalf.  This would be used in situations when a person is in a coma, battling Alzheimer’s, dementia or has passed away.

The law states that the legally authorized agent (next-of-kin) must also sign the required forms for cremation.  When a person is married, their spouse authorizes the cremation but in cases where the deceased is widowed, divorced or not married, all children must sign the authorization prior to cremation.  This is difficult when one or all of the children are out of the area, estranged or does not believe in cremation and refuses to authorize cremation.  In these cases, burial is the only available option other than the agreeing children petitioning the Superior Court for resolution.  These types of cases usually take a minimum of four weeks.

To ensure that your next-of-kin will complete your wishes for cremation, you need to execute a Durable Healthcare Power of Attorney.  The key word is “Durable” because this document survives incapacitation or death and usually names one or two persons to jointly authorize medical procedures and disposition of the body.  This document is FREE and is supported by State Law.  You can name anyone as your DPOA and the person who has this written authority can make decisions on your behalf without the approval of any other person, spouse, child or family member.  The key is to select someone who will promise to ensure that your wishes are carried out in the manner that you have detailed in your Protected Lifetime Membership with the cremation society. 

Georgia Advance Directive for Healthcare

The Durable Healthcare Power of Attorney is a legal document through which you are able to

designate another person to make medical decisions on your behalf, in the event that you become

incapacitated to make medical

decisions

yourself.

The Georgia General Assembly voted in 1995 to establish within the Official Code of Georgia Annotated, at Section 10-6-140, a statutory form for the Financial Power of Attorney. The form that is set out in the statute may be used to create a Financial Power of Attorney. This form is merely a suggestion and is not the only form permitted to create a Financial Power of Attorney.
By: Atlanta Legal Aid Society

A Living Will is a document that you can use to postpone or delay your death or to make sure that your doctors allow you to die naturally. A Living Will is a document that the state calls an "Advance Directive." Advance Directives let you choose the kinds of medical treatment you want or don't want. Specifically, the Living Will allows you to choose whether or not you want to die naturally, without your death being artificially prolonged by various medical procedures.
By: Atlanta Legal Aid Society

This website contains Probate Court forms (in Word and Adobe PDF format), information about applying for marriage licenses and firearms licenses, handbooks and other information for guardians and personal representatives, including an heirs determination worksheet, and information about the Probate Courts system in Georgia.
By: Georgia Courts Automation Commission

LINK